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(영문) 수원지방법원 성남지원 2015.10.07 2015고단1166

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

around September 29, 201, the Defendant entered into a car lease agreement with the victim Hyundai Capital Co., Ltd. at the modern car Cagency located in Dongdaemun-gu Seoul Metropolitan Government as to the D E EF vehicle owned by the victimized Company, with a monthly lease agreement of KRW 2,111,00 and the lease period of KRW 60 months (the maturity date September 29, 2016). While taking over and using the said vehicle, the Defendant borrowed KRW 20,000,000 from E as collateral and transferred the said vehicle as collateral on March 3, 2015, the Defendant embezzled the said vehicle with the remaining value of KRW 28,05,000 as it did not comply with the notification of termination of the lease agreement and the demand for return of the vehicle for the payment of lease fees, and embezzled the said vehicle with the remaining value of KRW 28,05,000,000 as it did not comply therewith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. An application for a lease agreement;

1. An automobile lease agreement;

1. Statement of termination of a lease contract;

1. A detailed statement of deposit of lease charges;

1. Notice of termination of a lease agreement;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her gender, the vehicle has

1. Social service order under Article 62-2 of the Criminal Act;